PDF Credit Reporting and Repair for Domestic Violence Survivors

[Pages:39]Credit Reporting and Repair for Domestic Violence Survivors

Chi Chi Wu April 27, 2010

Presented by The Consumer Rights for Domestic Violence Survivors Initiative, a partnership of the Center for Survivor Agency and Justice, the National Consumer Law Center, the National Network to End Domestic Violence, and the National Association of Consumer Advocates

This presentation is supported by Grant #2009-VF-GX-K005 awarded by the Office on Victims of Crime, U.S. Department of Justice. Points of view in this presentation are those of the authors and do not necessarily represent the official position or policies of the U.S. Department of Justice.

7 Winthrop Sq., 4th Fl. Boston, MA 02110 Phone: (617) 542-8010 Fax: (617) 542-8028 Copyright 2010 National Consumer Law Center

Consumer Rights for Domestic Violence Survivors Initiative

7 Winthrop Sq., 4th Fl. Boston, MA 02110 Phone: (617) 542-8010 Fax: (617) 542-8028 Copyright 2010 National Consumer Law Center

Poll #1: Who Are You?

? Advocate at domestic violence program or shelter ? Legal services ? Other nonprofit ? Government employee ? Other

7 Winthrop Sq., 4th Fl. Boston, MA 02110 Phone: (617) 542-8010 Fax: (617) 542-8028 Copyright 2010 National Consumer Law Center

Credit Reporting Considerations For DV Survivors

? Economic Harm of DV ? Importance of Credit Reports ? Special Issues

-Joint Accounts -Identity Theft By Abuser -Survivors Creating New Identities

7 Winthrop Sq., 4th Fl. Boston, MA 02110 Phone: (617) 542-8010 Fax: (617) 542-8028 Copyright 2010 National Consumer Law Center

What Is a Credit Report?

? A record of an individual's borrowing and repayment of debts

? Fair Credit Reporting Act definition: any communication re:

? credit worthiness, character, general reputation, personal characteristics, mode of living

? used or expected to be used to establish eligibility for credit, insurance, employment, or other authorized purpose

7 Winthrop Sq., 4th Fl. Boston, MA 02110 Phone: (617) 542-8010 Fax: (617) 542-8028 Copyright 2010 National Consumer Law Center

The Players in Credit Reporting

? Consumer reporting agencies (CRAs) or Credit Bureaus ? 3 major CRAs or "credit bureaus" (Equifax,

Experian, Trans Union) ? Background check agencies ? e.g., LexisNexis

f.k.a. Choicepoint ? Specialty CRAs ? e.g. tenant screening agencies,

re-sellers, employment databases

? Furnishers of information ? Subscribers or users of information

7 Winthrop Sq., 4th Fl. Boston, MA 02110 Phone: (617) 542-8010 Fax: (617) 542-8028 Copyright 2010 National Consumer Law Center

Types of Information in a Credit Report

? Basic info (Header)

? Name ? Current and former addresses ? Birth date ? SSN ? Can include telephone numbers; spouse; Past and

present Employers.

7 Winthrop Sq., 4th Fl. Boston, MA 02110 Phone: (617) 542-8010 Fax: (617) 542-8028 Copyright 2010 National Consumer Law Center

Types of Information in a Credit Report (cont.)

? Payment History on Credit Accounts ? Mortgages; auto loans

? Special issue: Property rights vs. credit obligations

? Revolving accounts (credit cards)

? Special issue: Co-obligor vs. authorized user

? Collection agency entries

? Source of obligation ? Community Property States; Medical Necessaries; Creditor's default presumption of spousal obligation

7 Winthrop Sq., 4th Fl. Boston, MA 02110 Phone: (617) 542-8010 Fax: (617) 542-8028 Copyright 2010 National Consumer Law Center

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